Michigan House Bill HB5212

Michigan 2025-2026 Regular Session

• Introduced: 11/4/25
• Refer: 11/4/25

Caption

Family law: child custody; factors determining best interest of child in joint custody; include equal time with both parents as a factor. Amends secs. 6a & 7a of 1970 PA 91 (MCL 722.26a & 722.27a). TIE BAR WITH: HB 5211'25, HB 5213'25

Impact

The enactment of HB 5212 is expected to significantly influence family law in Michigan by standardizing how custody disputes are resolved. The bill requires that if both parents agree on joint custody, the court must grant this arrangement unless there is clear evidence suggesting it would not be in the child's best interest. This shift seeks to create a more equitable approach in custody arrangements, potentially reducing the adversarial nature of custody disputes, encouraging cooperation between parents, and ensuring that children maintain strong relationships with both parents.

Summary

House Bill 5212 aims to amend the Child Custody Act of 1970 in Michigan by reinforcing the presumption of joint custody and equal parenting time during custody disputes. The bill stipulates that courts must inform parents about their rights to joint custody and encourage an equal split of parenting time unless the court determines otherwise based on specific criteria. This change reflects a growing recognition of the importance of both parents being actively involved in a child's upbringing, emphasizing that such arrangements serve the best interests of the child.

Contention

However, the bill does not come without points of contention. Critics may argue that the presumption of joint custody could overlook unique circumstances where such arrangements might not be feasible or in the child's best interest, such as cases involving domestic violence or substance abuse. There are also worries about the practicality of enforcing equal parenting time when parents are unable to cooperate effectively. Furthermore, the provisions regarding military deployment may alter existing arrangements, bringing about discussions concerning how to navigate custody during periods of absence.